Section 8 Company Registration

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Section 8 Company Registration

A Section 8 company is a not for profit company with charitable objects. Section 8 Company Registration is governed by the Companies Act, 2013. Earlier, this type of company was governed under Section 25 of Companies Act, 1956. Therefore, it is still commonly known as Section 25 company.

Who can form section 8 company

Conditions for a section 8 company

A Section 8 company should make sure that its aim is to promote a certain cause. This cause relates to:

commerce

art

science,

sports

education

research

social welfare

religion

charity

protection of environment or

any other such object which is similar to above objects.

It uses profits and other incomes only for promoting the above cause.

Does not pay dividend to its members.

If the company fulfills all these conditions, the Central government will issue it the license to carry business. Moreover, along with the license, it will also receive the benefit of not having to add private limited or limited after its name.

Features of a section 8 company

It gets all the benefits of a limited company.

But, all the limitations of a limited company also apply to it.

It cannot make changes to its MOA or AOA without taking government's approval.

It can convert into any other form of the company but only if it meets the necessary conditions.

The central government can cancel its license if it either does not fulfill its aims or fails to meet other necessary conditions.

It can merge with another company only if the other company has a similar object.

It does not need any minimum capital.

There must be at least two directors.

At least one director must be an Indian resident.

Documents for registration of section 8 company

Before registering your company as a section 8/section 25 company, keep the below documents and details ready.

Details of directors as well as promoters.

Digital Signature Certificate (DSC) of the director, manager, or the secretary.

Director Identification Number (DIN) of the directors.

Proof of address such as electricity bill or phone bill, NOC from landlord, rent receipts etc

Copy of PAN card.

Passport, in case any of the directors is a foreign national.

Proof of ownership. However, you will need this only if the director or promoter also owns the business premises.

Declaration by subscribers in form INC 15 (form to be provided by us).

Application form in Form INC 12 (form to be provided by us).

A statement which lists the grounds of application.

A statement of annual income and expenditure of the company for next 3 years, as well as the sources of income.

Moreover, an existing company also needs to furnish extra documents such as:

Board reports and auditor's reports.

True copy of the resolution approving its registration as a section 8/section 25 company.

A statement of its assets as well as liabilities.

A notice in Form INC 26.

Approval from the relevant authority.

Fee for registration

The government fee is Rs. 2000 and the professional fee starts from Rs. 4000. But please note that this amount does not include the government fee for DIN or DSC.

Timeline for section 8 company registration

It usually takes around 20-30 days to register a section 8/section 25 company. But, this time period depends on the government processing time and therefore may vary further because of it.

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